The Chairman of the Presidential
Advisory Committee against Corruption, Prof Itse Sagay (SAN), on Friday said
the suspension of the Chief Justice of Nigeria, CJN, Walter Onnoghen, is
constitutional.
The Federal Government announced
the suspension of the Chief Justice on Friday, stating that the action followed
an order of the Code of Conduct Tribunal dated January 23, 2019.
Speak on the constitutionality of
the suspension, Sagay told the Punch that Buhari was legally empowered to
suspend Onnoghen.
“It is constitutional. If you
look at Section 292 of the constitution, paragraph one clearly makes provision
for that where the Chief Justice is guilty of a code of conduct.
“The provision is very clear. It
states that where the Chief Justice is guilty of a breach of the code of
conduct, he can be removed by an address of two-thirds majority of the Senate.
It is quite clear that the Senate itself cannot initiate that address; there is
only one person who can do that and that is the President,” he said.
Section 292 (1) of the
constitution reads in part, “A judicial officer shall not be removed from his
office or appointment before his age of retirement except in the following
circumstances –
“In the case of Chief Justice of
Nigeria, President of the Court of Appeal, Chief Judge of the Federal High
Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja,
Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory,
Abuja and President, Customary Court of Appeal of the Federal Capital
Territory, Abuja, by the President acting on an address supported by two-thirds
majority of the Senate.”
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